Balancing Civil rights and Anti-terror laws

Synopsis: The objective of UAPA is to check terrorism, and its misuse is against the ethos of democracy. Background: Recently, Delhi High Court granted bail to activists who were undertrial for their alleged involvement in the 2020 Delhi riots. The judgment is a judicial opposition to the authoritarian regime of the Unlawful Activities (Prevention) Act… Continue reading Balancing Civil rights and Anti-terror laws

Protecting the right to dissent from UAPA

Synopsis: The Delhi High Court granted bail to young student and activists Natasha Narwal, Devangana Kalita, Asif Tanha. The present judgement of Delhi HC will go a long way in strengthening the most important pillar of our democracy – right to protest and dissent. Introduction The three young students and activists were imprisoned for over… Continue reading Protecting the right to dissent from UAPA

“Safe Harbour Protection” for Twitter Withdrawn

What is the News? According to the Ministry of Electronics and Information Technology(MeitY), Twitter has failed to comply with the Information Technology (IT) Rules, 2021. This means the “Safe Harbour” Protection under Section 79 of the Information Technology (IT) Act is withdrawn for Twitter. What is “Safe Harbour” Protection under Section 79  of IT Act?… Continue reading “Safe Harbour Protection” for Twitter Withdrawn

UAPA or Unlawful Activities Prevention Act – Explained, Pointwise

Introduction The Delhi High Court recently granted bail to 3 students, accused of conducting riots and anti CAA protests in North East Delhi. This case highlights another instance of misuse of the Unlawful Activities (Prevention) Act (UAPA),1967. The UAPA was formulated to strengthen the security framework of the country and preserve the unity and integrity… Continue reading UAPA or Unlawful Activities Prevention Act – Explained, Pointwise

Significance of the Kedar Nath Singh Judgment on Sedition

Synopsis: The significance of Kedar Nath Singh judgment for sedition cases was once again highlighted in the recent Vinod Dua sedition case. The 1962 judgment upheld Section-124A of the Indian Penal Code, but it significantly narrowed down the provision. Background: The SC struck down a sedition case filed under Section-124 A of the Indian Penal… Continue reading Significance of the Kedar Nath Singh Judgment on Sedition

Sedition law in India: Arguments for and against- Explained, pointwise

Introduction Recently the Supreme Court invalidated a sedition case filed against a journalist. In judgement, the court held that “Every journalist is entitled to protection under the Kedar Nath Singh judgement”. This is not an exceptional case, where the Supreme court has criticized the application of Section 124A(Sedition). In the past also, the judiciary has… Continue reading Sedition law in India: Arguments for and against- Explained, pointwise

Journalists need protection against “sedition charges”: Supreme Court

What is the News? Supreme Court of India has quashed the FIR lodged against a senior journalist for sedition charge and other offences. In that, the court held that the Journalists need protection against sedition charges. What was the case? A sedition case was filed against a senior journalist over his YouTube show where he… Continue reading Journalists need protection against “sedition charges”: Supreme Court

“Sedition law” needs relook, especially for media: Supreme Court

What is the News? The Supreme Court of India has said that Section 124A of the Indian Penal Code that deals with sedition requires interpretation, particularly in the context of media freedom. What was the case? A petition was filed in the Supreme Court. It was after the Andhra Pradesh Police had registered a suo… Continue reading “Sedition law” needs relook, especially for media: Supreme Court

Misuse of Sedition law in India

Synopsis – Unwarranted arrest of MP in Andhra Pradesh is another example of the misuse of the Sedition law in India relating to exciting disaffection against the government. Introduction- Section 124-A [which deals with sedition law] has been misused in a number of cases in India. One of them is the unwarranted arrest of K.… Continue reading Misuse of Sedition law in India

Status of Unlawful Activities Prevention Act(UAPA) in 2019

What is the News? The Ministry of Home Affairs(MHA) informed Lok Sabha about the number of cases registered under the Unlawful Activities [Prevention] Act(UAPA) in 2019. Key Data Provided by MHA on cases under UAPA: Persons arrested under UAPA: In 1226 cases around 1948 persons were arrested under UAPA across the country in 2019. This… Continue reading Status of Unlawful Activities Prevention Act(UAPA) in 2019

Supreme Court judgment on Sedition Law

What is the News? The Supreme Court in the Rajat Sharma v. The Union of India Case ruled in favour of Farooq Abdullah. The court in its ruling said that disagreeing with the views and policies of the government will not attract the offence of sedition. What was the case? A petition was filed in… Continue reading Supreme Court judgment on Sedition Law

Issue of Bail under anti-terrorism cases

Synopsis: Bombay HC granted bail in UAPA case on health grounds. It will set a new example of upholding the individual’s right in anti-terrorism cases. Background Bombay High Court granted bail to poet Varavara Rao on medical grounds. He was jailed under the Unlawful Activities (Prevention) Act for the Bhima Koregaon case. Recently, Varavara Rao… Continue reading Issue of Bail under anti-terrorism cases

Use of Criminal conspiracy Law in India – Explained, Pointwise

Recently the Delhi High Court granted bail to a climate activist in the Greta Thunberg toolkit case. The court dismissed the criminal conspiracy charges filed by Delhi police due to a lack of evidence. The law on criminal conspiracy was enacted to control the nationalist movement in India before independence. However, even after more than… Continue reading Use of Criminal conspiracy Law in India – Explained, Pointwise

Delhi Court’s ruling on Disha Ravi Toolkit case

Synopsis – Delhi court grants bail to Disha Ravi in its ruling in the tool kit case. It termed evidence produced by Delhi police as inappropriate. Introduction- Delhi Court granted bail to climate activist Disha Ravi, arrested in the Greta Thunberg ‘toolkit’ case. Delhi Police arrested her on charges of sedition and criminal conspiracy in… Continue reading Delhi Court’s ruling on Disha Ravi Toolkit case

Why Sedition law needs a relook?

Synopsis: Recent charges of sedition against individuals have brought back focus to seditions law. The oppression of dissenters is more dangerous for society. It creates more division in society compared to seditious acts.  Introduction  In Kedar Nath Singh v. State of Bihar (1962), the Supreme Court defended the constitutional validity of sedition. It noted that… Continue reading Why Sedition law needs a relook?

Balancing freedom of speech and national security

Synopsis: The government warned Twitter over its reluctance in following the executive order for blocking of information. However, the focus should be on balancing free speech and national security. Background The government used its power under Section 69A of the information and technology act to block information on the Micro-blogging site. This section allows the… Continue reading Balancing freedom of speech and national security

“Sedition law” can’t be used to criminalise critics: Court

What is the news? Delhi Court has observed that the Sedition laws cannot be invoked to quiet the disquiet (criminalising the critics). The court also held that the government cannot act like restricting criminals while using sedition under IPC. This observation was made by the court while granting bail to two persons arrested by Delhi… Continue reading “Sedition law” can’t be used to criminalise critics: Court

Government’s Notice to Twitter: Why Twitter’s actions are justified?

Synopsis: Twitter has acted with reason after defying the Indian government’s legal orders. It didn’t implement the order fully and this action is desirable despite the criticism. Introduction  Twitter did not act in accordance with the Indian government’s orders under Section 69A of the IT Act. It was required to block hundreds of accounts under… Continue reading Government’s Notice to Twitter: Why Twitter’s actions are justified?

Climate activist arrested in ‘Toolkit Conspiracy’

Synopsis: A 22-year-old climate activist got arrested for misusing a toolkit. Such instances raise a question of alleged misuse of power by the government officials.    Read More – Toolkit conspiracy case and its imapct on India- Explained Pointwise – ForumIAS Blog  Background:  The Delhi Police has already registered multiple First Information Reports (FIRs) post the 26th January farmer protest… Continue reading Climate activist arrested in ‘Toolkit Conspiracy’

Toolkit conspiracy case and its imapct on India- Explained Pointwise

Table of contents: What is Tool Kit? What is the Greta Thunberg toolkit case? Previous such example pointed out by activists What are the existing provisions for such arrest? Why government actions on activists are justified? Judicial interventions on such cases in the past Challenges faced by the government in arresting activists Suggestions Recently Climate… Continue reading Toolkit conspiracy case and its imapct on India- Explained Pointwise

Need of reforming the blocking powers of Government

Synopsis: The government’s use of is blocking powers under Section 69A of Information and Technology Act 2000 (I.T Act) attracted criticism. There is a need to reforms the blocking powers to ensure free speech in Indian democracy. Background: Twitter suspended some user accounts based on Emergency restriction orders issued by Government under Section 69A. Govt.… Continue reading Need of reforming the blocking powers of Government

What are the issues in government’s order to Twitter?

Synopsis: The government ordered twitter to shut down user accounts connected with the farm protests. This order hampers fundamental rights and also reveals a complex relationship between the government and large platforms. Introduction The growing digitization of Indian society can be seen in the ongoing farmers’ protest. A new hashtag trends on Twitter for and against… Continue reading What are the issues in government’s order to Twitter?

Low conviction rate under “Unlawful Activities (Prevention) Act” (UAPA)

What is the news? Union Home Ministry has informed Rajya Sabha about the cases registered under the Unlawful Activities (Prevention) Act and Sedition(Section-124A). Cases under UAPA: Between 2016 and 2019, the total number of the persons arrested and convicted in the country under UAPA were 5,922 and 132 respectively. This means only 2.2 % of… Continue reading Low conviction rate under “Unlawful Activities (Prevention) Act” (UAPA)

Centre’s Powers under “Section 69A of IT Act”

What is the News? The Government of India has asked Twitter to follow Indian laws. The government has also expressed disappointment over partial compliance with its orders. What was the issue? The Ministry of Electronics and Information Technology(MeitY) ordered Twitter to block several Twitter accounts for posing a threat to law and order. The order… Continue reading Centre’s Powers under “Section 69A of IT Act”

National security laws in India

There are many laws aiding the government in the protection of national interests. They are First, Sedition under section 124A of the IPC (Indian Penal Code). Sedition is defined as any action that brings or attempts to bring contempt or hatred towards the government of India. Sedition cases are punishable with a maximum sentence of life imprisonment. Second, Criminal defamation under section 499 of the IPC. Defamation… Continue reading National security laws in India

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Criminalisation of government criticisms: Laws and issues

Recently Bihar government decided to categorize defamatory and offensive social media posts against government officials as cybercrime. Bihar Police has issued a circular to implement this order. This is not the first instance when Sedition laws and criminal defamation have been used to silence the critics of the government. Examples of Government silencing critics: First,… Continue reading Criminalisation of government criticisms: Laws and issues

What is Criminal Defamation?

In India, criminal defamation falls under section 499 of the IPC. Defamation is defined as the communication of a false statement that harms the reputation of an individual person, group, product, business, government, religion, or nation. Section 500 punishes the criminal defamation. The person who commits the crime can be punished with the imprisonment for… Continue reading What is Criminal Defamation?

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What is Sedition?

In India, Sedition falls under section 124A of the IPC (Indian Penal Code). It is defined as any action that brings or attempts to bring contempt or hatred towards the government of India. Sedition cases are punishable with a maximum sentence of life imprisonment. It categorises four sources of seditious acts:  spoken words,  written words,  signs or  visible representations. … Continue reading What is Sedition?

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Issue of privacy and Personal Data Protection Bill 2019

Synopsis– Present data-based technological development and Personal Data Protection Bill 2019 presents a unique challenge to the privacy of individuals.   Introduction Personal Data Protection Bill 2019   – By Puttaswamy v India (2017) case, privacy was established as a fundamental right. In other cases, MP Sharma v. Satish Chandra (1954) and Kharak Singh v. Uttar Pradesh (1962), as well, Privacy rights were upheld by SC.   However,… Continue reading Issue of privacy and Personal Data Protection Bill 2019

UN removes cannabis from ‘most dangerous drug’ category

Source: Click Here News: United Nations Commission on Narcotic Drugs(CND) has voted to remove cannabis and cannabis resin from Schedule IV of the 1961 Single Convention on Narcotic Drugs. Facts: Earlier Status: Cannabis was a part of both Schedule I and IV of the UN’s Single Convention on Narcotic Drugs — and while drugs in Schedule I can… Continue reading UN removes cannabis from ‘most dangerous drug’ category

Decriminalising Marijuana in India

This article is based on the two Indian Express articles (links Indian Express, Indian Express) published today and in October, 2020 respectively. Why in News US President Biden promises decriminalising the use of marijuana and also gave assurance to clearing out the past convictions related to it during his election campaign. In India also Recent… Continue reading Decriminalising Marijuana in India